K LAKSHMIDEVAMMA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner is seeking a writ of mandamus declaring the deletion of her name from the list of voters without notice or enquiry as arbitrary and illegal and for a direction to permit the petitioner to exercise her franchise in the election to the Lok Sabha scheduled to take place on 15-6-1991.

(2.) The petitioner claims to be a resident of Kothapalli Village, hamlet of Candlaparthi, Ananthapur District. She says that she was registered as a voter on the basis of 1988 census in both the Assembly Constituency and the Lok Sabha Constituency and that she has been exercising her franchise from the time she became eligible to vote. It is stated that in the final list of voters for the current Parliamentary Elections she was alloted to polling booth No. 174 under 172 Ananthapur Assembly Constituency and her Serial No. in the list was 109. When the election agents distributed slips, they informed that her name was deleted from the voters' list. That information was confirmed by the 1st respondent. She obtained a copy of the list of additions and deletions and noticed that her name was deleted from the list attached to Polling Booth No. 174 It is stated that she was not informed of the deletion of her name.

(3.) She also filed an additional affidavit stating inter alia that under the Registration of Electors Rules, 1960 (for short "the Rules"), Rule 21-A empowers deletion of names of persons either dead or ceased to be ordinary residents of the place and that power can be exercised only after notice to the particular party. It is stated that the rule is not applicable and even if it is to be invoked, the name cannot be deleted without notice to the affected party. On these facts the petitioner prays for the writ as indicated above.